JOINT CIRCULAR No. 01/2017/TTLT-BCA-BQP-BTC-BNN&PTNT-VKSNDTC REGULATING THE COOPERATION AMONG AUTHORITIES IN IMPLEMENTING CERTAIN PROVISIONS OF THE CRIMINAL PROCEDURE CODE 2015 ON RECEIVING AND HANDLING COMPLAINTS, INFORMATION ABOUT CRIMES, AND PETITIONS FOR INVESTIGATION

JOINT CIRCULAR

Regulations on the coordination among competent authorities in implementing certain provisions of the Criminal Procedure Code 2015 regarding the acceptance and handling of reports of criminal offenses and requests for prosecution initiation.
Implementing certain provisions of the Criminal Procedure Code 2015 concerning the acceptance and handling of reports of criminal offenses and requests for prosecution initiation.
Acceptance and handling of reports of criminal offenses and requests for prosecution initiation.

Pursuant to the Criminal Procedure Code 2015;

Pursuant to the Law on the Organization of Criminal Investigation Agencies 2015;

The Minister of Public Security, the Minister of National Defense, the Minister of Finance, the Minister of Agriculture and Rural Development, and the Chief Prosecutor of the Supreme People's Procuracy jointly stipulate the coordination among competent authorities in implementing certain provisions of the Criminal Procedure Code 2015 regarding the acceptance and handling of reports of criminal offenses and requests for prosecution initiation.June 2024;关于犯罪，建议起诉No..

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

These joint Circulars regulate the coordination among competent authorities in implementing certain provisions of the Criminal Procedure Code 2015 regarding the acceptance and handling of reports of criminal offenses and requests for prosecution initiation.

Article 2. Applicability

These joint Circulars apply to criminal investigation agencies, agencies tasked with conducting some investigative activities, the Procuracy; heads, deputy heads, investigators, and investigation officers of criminal investigation agencies, heads, deputy heads, and investigation officers of agencies tasked with conducting some investigative activities, chief prosecutors, deputy chief prosecutors, prosecutors, and assistant prosecutors; village police stations, town police stations, police posts, police stations, and other relevant agencies, organizations, and individuals related to the acceptance and handling of reports of criminal offenses and requests for prosecution initiation.

Article 3. Explanation of Terms

In this Circular, the following terms shall be understood as follows:

1. Serious violations of the law in the inspection and verification of reports of criminal offenses and requests for prosecution initiation are actions by agencies or persons with authority to resolve reports of criminal offenses and requests for prosecution initiation that, when conducting inspections and verifications, fail to implement or improperly or incompletely implement procedures and formalities prescribed by the Criminal Procedure Code 2015, thereby seriously infringing upon the rights and legitimate interests of participants in the resolution of reports of criminal offenses and requests for prosecution initiation or affecting the determination of the objective and comprehensive truth about the source of information on criminal offenses.

2. Signs of criminal offenses being overlooked in the resolution of reports of criminal offenses and requests for prosecution initiation are actions by agencies or persons with authority to resolve reports of criminal offenses and requests for prosecution initiation that, when conducting inspections and verifications, have sufficient grounds to initiate criminal cases but fail to issue decisions to initiate criminal cases or issue decisions not to initiate criminal cases or temporarily suspend the resolution of reports of criminal offenses and requests for prosecution initiation.

Article 4. Principles for the acceptance and handling of reports of criminal offenses and requests for prosecution initiation

1. Respect and protect human rights and the legitimate rights and interests of agencies, organizations, and individuals.

2. All reports of criminal offenses and requests for prosecution initiation must be fully accepted and promptly resolved according to the procedures and formalities prescribed by the Criminal Procedure Code 2015 and the regulations set forth in these joint Circulars.

3. Only agencies and persons with authority to resolve reports of criminal offenses and requests for prosecution initiation may conduct the resolution of reports of criminal offenses and requests for prosecution initiation.

4. During the process of accepting and handling reports of criminal offenses and requests for prosecution initiation, those with authority must strictly comply with the law and be responsible for their actions and decisions. Those who violate the law in the acceptance and handling of reports of criminal offenses and requests for prosecution initiation shall be subject to disciplinary action or criminal liability depending on the nature and severity of the violation.

5. Agencies accepting and handling reports of criminal offenses and requests for prosecution initiation have the responsibility to fulfill the requirements of individuals, agencies, and organizations that have reported criminal offenses and requested prosecution initiation regarding the confidentiality of such reports and requests, and to protect their lives, health, dignity, reputation, credibility, property, and other legitimate rights and interests, as well as those of their relatives, when they are threatened.

Article 5. Responsibility for receiving and jurisdiction to handle reports and information about criminal offenses

1. The agencies and organizations responsible for receiving reports and information about criminal offenses:

a) Investigative agencies;

b) Agencies assigned tasks to conduct certain investigative activities;

c) Procuracies at all levels;

d) Agencies and organizations specified in point b, Clause 2, Article 145 of the Criminal Procedure Code 2015, including: Village Police Stations, Police Posts, Police Stations; Courts at all levels; Press agencies and other agencies and organizations.

2. Jurisdiction to handle reports and information about criminal offenses

a) The agencies specified in points a and b of Clause 1 of this Article, except for the Security Teams at District, City, Town Police Stations under provincial-level cities and centrally-administered municipalities (hereinafter referred to as the Security Team of the District-level Police Station) shall have the authority to handle reports and information about criminal offenses within their investigative jurisdiction.

b) The Procuracy shall handle reports and information about criminal offenses when discovering serious violations of laws by Investigative Agencies or Agencies assigned tasks to conduct certain investigative activities during the process of checking and verifying reports and information about criminal offenses, or there are signs of crimes being overlooked, and the Procuracy has requested rectification in writing but it has not been addressed within 15 days from the date the agency handling the report or information received the written request.

Article 6. Responsibility for receiving and jurisdiction to handle requests for prosecution initiation

1. Investigative agencies shall be responsible for receiving and handling requests for prosecution initiation within their investigative jurisdiction.

2. The Procuracy shall be responsible for receiving all requests for prosecution initiation and immediately transferring them to the competent Investigative Agency for resolution.

The Procuracy shall handle requests for prosecution initiation when discovering serious violations of laws by Investigative Agencies during the process of checking and verifying requests for prosecution initiation, or there are signs of crimes being overlooked, and the Procuracy has requested rectification in writing but it has not been addressed within 15 days from the date the agency handling the request for prosecution initiation received the written request.

Chapter II

SPECIFIC PROVISIONS

Article 7. Organization for receiving reports and information about criminal offenses and requests for prosecution initiation

1. Investigative agencies must organize round-the-clock duty for criminal matters, and Procuracies at all levels must organize round-the-clock professional duty to fully receive all reports and information about criminal offenses and requests for prosecution initiation (including information about criminal offenses reported through mass media); classify and immediately transfer them to the competent agencies for resolution. The reception location must be convenient, with a sign displaying the name of the agency and widely publicized so that everyone is aware.

Agencies assigned tasks to conduct certain investigative activities, Village Police Stations, Police Posts, Police Stations must arrange staff on duty to receive reports and information about criminal offenses.

Other agencies and organizations, upon receiving reports and information about criminal offenses, must assign personnel to receive them.

2. When Investigative Agencies, Procuracies, and Agencies assigned tasks to conduct certain investigative activities receive reports and information about criminal offenses and requests for prosecution initiation through postal services, telephone, or other communication means, they shall record them in the reception logbook. If individuals directly come to report criminal offenses or representatives of agencies and organizations directly come to report criminal offenses, then a record of reception shall be established and recorded in the reception logbook. Recording may include audio or video recording of the reception process.

In cases where the offender comes forward to confess, the procedures and formalities shall be carried out according to the provisions of Article 152 of the Criminal Procedure Code 2015.

Article 8. Classification of reports on criminal offenses, information about criminal offenses, and requests for prosecution initiation

1. The investigative agency must classify reports on criminal offenses, information about criminal offenses, and requests for prosecution initiation within twenty-four hours from the time of receipt. If such reports, information, and requests fall within its jurisdiction, they shall be handled according to the provisions of Article 9 of this Joint Circular. If there is evidence to determine that such reports, information, and requests do not fall within its jurisdiction, they must be immediately transferred to the investigative agency with jurisdiction within twenty-four hours from the time such evidence is determined. In cases where immediate transfer is not possible, notification must be made by the fastest means of communication to inform the investigative agency with jurisdiction.

2. Agencies assigned to conduct certain investigative activities (excluding the Security Police Team at the provincial-level police station) must classify reports on criminal offenses within twenty-four hours from the time of receipt. If such reports fall within their jurisdiction, they shall be handled according to the provisions of Article 9 of this Joint Circular. If there is evidence to determine that such reports do not fall within their jurisdiction, they must be immediately transferred to the investigative agency with jurisdiction within twenty-four hours from the time such evidence is determined. In cases where immediate transfer is not possible, notification must be made by the fastest means of communication to inform the investigative agency with jurisdiction.

3. The Public Prosecutor's Office must immediately transfer reports on criminal offenses and requests for prosecution initiation to the investigative agency with jurisdiction within twenty-four hours from the time of receipt. In cases where immediate transfer is not possible, notification must be made by the fastest means of communication to inform the investigative agency with jurisdiction.

4. When the Security Police Team at the provincial-level police station receives reports on criminal offenses within the jurisdiction of the Provincial Security Investigation Agency, it must record the receipt, take initial statements, and transfer the reports on criminal offenses along with related documents and items to the competent authority within twenty-four hours from the time of receipt. In cases where immediate transfer is not possible, notification must be made by the fastest means of communication to inform the investigative agency with jurisdiction.

Upon receiving reports on criminal offenses, the Village Police must record the receipt, take initial statements, notify, and transfer the reports on criminal offenses along with related documents and items to the investigative agency with jurisdiction within twenty-four hours from the time of receipt of the reports on criminal offenses. For villages in remote mountainous areas, islands, and regions with difficult travel conditions, the deadline for transferring reports on criminal offenses does not exceed forty-eight hours from the time of receipt.

Upon receiving reports on criminal offenses, the Police Station must record the receipt and immediately transfer the reports on criminal offenses along with related documents and items to the investigative agency with jurisdiction within twenty-four hours from the time of receipt.

In urgent and critical situations requiring immediate prevention of criminal offenses, collection of evidence, and protection of the crime scene, the Village Police, Police Station of the Commune, Town, or Post, and the Police Post must immediately report to the investigative agency with jurisdiction through the fastest means of communication and promptly implement measures according to the law.

6. Courts, news agencies, and other organizations upon receiving reports on criminal offenses have the responsibility to immediately transfer and notify the investigative agency with jurisdiction of the received information. In urgent situations, direct reporting can be done via telephone or other means but must be followed up in writing.

7. For reports on criminal offenses mentioned in mass media that have identified criminal offense characteristics within the jurisdiction of a specific agency or unit, that agency or unit shall record and handle them. If the location of the incident or the involved provinces/cities directly under the central government cannot be determined, the Criminal Investigation Department of the county-level public security organ where the headquarters of the mass media is located (with a clear address) shall be responsible for receiving and initially processing the reports on criminal offenses.

Article 9. Handling reports of criminal offenses, notifications for prosecution initiation

1. Within three days from the date of receiving reports of criminal offenses, notifications for prosecution initiation within its jurisdiction, the Head of the Investigation Agency shall directly organize, direct, assign Investigators or Investigative Officers under their authority to handle and resolve, or issue a Decision assigning the Deputy Head of the Investigation Agency to organize, direct handling and resolution, and notify in writing to the same-level Prosecution Office or the competent Prosecution Office.

For reports of criminal offenses, notifications for prosecution initiation that clearly indicate the signs of a crime and have sufficient grounds for initiating a criminal case, the Investigation Agency shall issue a Decision to initiate a criminal case and proceed according to the procedures and formalities stipulated in the Criminal Procedure Code 2015, without having to issue a Decision to assign handling of reports of criminal offenses, notifications for prosecution initiation.

2. Within three days from the date of receiving reports of criminal offenses within its jurisdiction, the Head of the agency assigned to conduct certain investigative activities as provided for in Clause 2, Article 35 of the Criminal Procedure Code 2015 shall directly direct the acceptance and resolution of reports of criminal offenses, assign Investigative Officers under their authority, or issue a Decision to assign a deputy head in the acceptance and resolution of reports of criminal offenses and notify in writing to the same-level Prosecution Office or the competent Prosecution Office.

For reports of criminal offenses that clearly indicate the signs of a crime and have sufficient grounds for initiating a criminal case, the Head shall issue a Decision to initiate a criminal case and proceed according to the procedures and formalities stipulated in the Criminal Procedure Code 2015, without having to issue a Decision to assign resolution of reports of criminal offenses.

3. Upon completion of the process of handling reports of criminal offenses, notifications for prosecution initiation, the agency that has accepted and resolved must issue one of the decisions prescribed in Clause 1, Article 147 of the Criminal Procedure Code 2015.

The temporary suspension and resumption of handling reports of criminal offenses, notifications for prosecution initiation shall be carried out according to the provisions of Articles 148 and 149 of the Criminal Procedure Code 2015.

Article 10. Exercising Public Prosecution Rights, Supervising the Acceptance and Resolution of Reports of Criminal Offenses, Notifications for Prosecution Initiation

1. The tasks and powers of the Prosecution Office when exercising public prosecution rights and supervising the acceptance and resolution of reports of criminal offenses, notifications for prosecution initiation shall be implemented according to the provisions of Articles 159 and 160 of the Criminal Procedure Code 2015.

2. Within three working days from the date of receiving the Decision to assign resolution of reports of criminal offenses, notifications for prosecution initiation from the Investigation Agency, the agency assigned to conduct certain investigative activities as provided for in Article 9 of this Joint Circular, the Prosecutor-in-Charge of the Prosecution Office shall directly organize and direct the exercise of public prosecution rights and supervision over the acceptance and resolution of reports of criminal offenses, notifications for prosecution initiation, assign Prosecutors or Inspectors, or issue a Decision to assign the Deputy Prosecutor-in-Charge to organize and direct the exercise of public prosecution rights and supervision over the acceptance and resolution of reports of criminal offenses, notifications for prosecution initiation, and immediately send a copy to the Investigation Agency, the agency that has issued the Decision to assign resolution of reports of criminal offenses, notifications for prosecution initiation.

For reports of criminal offenses, notifications for prosecution initiation that clearly indicate the signs of a crime and the Investigation Agency, the agency assigned to conduct certain investigative activities has issued a Decision to initiate a criminal case, the Prosecutor-in-Charge of the Prosecution Office shall directly organize and direct the exercise of public prosecution rights and supervision over the initiation and investigation, assign Prosecutors or Inspectors, or issue a Decision to assign the Deputy Prosecutor-in-Charge to organize and direct the exercise of public prosecution rights and supervision over the initiation and investigation according to the provisions of the Criminal Procedure Code 2015.

Article 11. Time limit for handling reports of criminal offenses, accusations, and requests for prosecution initiation

1. The time limit for handling reports of criminal offenses, accusations, and requests for prosecution initiation shall not exceed twenty days from the date the competent authority receives such reports, accusations, and requests. In cases where the reports, accusations, and requests involve many complex circumstances or require verification at multiple locations, the Head, Deputy Head (in cases where authorized or assigned by the Head), Chief, Deputy Chief (in cases where authorized or assigned by the Chief) of the agency handling and resolving may extend the time limit for resolution but not exceeding two months from the date of receipt of the reports, accusations, and requests within their jurisdiction.

2. In cases where it is not possible to conclude the verification and investigation before the deadline specified in Clause 1 of this Article, the Head, Deputy Head (in cases where authorized or assigned by the Head), Chief, Deputy Chief (in cases where authorized or assigned by the Chief) of the agency handling and resolving must submit a written request to the same-level People's Procuracy or the competent People's Procuracy to extend the time limit for verification and investigation at least five days before the end of the deadline specified in Clause 1 of this Article. Within three days from the date of receipt of the aforementioned request, the same-level People's Procuracy or the competent People's Procuracy must examine and decide. If the request of the agency handling and resolving is based on grounds, the Procurator or Deputy Procurator of the People's Procuracy (in cases where authorized or assigned by the Procurator) issues a Decision to extend the time limit for verification and investigation; the extended time limit for verification and investigation shall not exceed two months from the date the deadline specified in Clause 1 of this Article expires. If the request of the agency handling and resolving is found to be without grounds, the Procurator or Deputy Procurator of the People's Procuracy (in cases where authorized or assigned by the Procurator) issues a notification stating the reasons to the agency handling and resolving, and the agency handling and resolving must stop the verification and investigation and issue one of the decisions prescribed in Clause 1 of Article 147 of the Criminal Procedure Code 2015.

3. The time limit for continued resolution in cases where the People's Procuracy cancels the decision temporarily suspending the resolution of reports of criminal offenses, accusations, and requests for prosecution initiation by the agency handling and resolving shall not exceed one month from the date the agency handling and resolving receives the decision canceling the temporary suspension.

The time limit for continued resolution in cases where the agency handling and resolving issues a decision to resume the resolution of reports of criminal offenses, accusations, and requests for prosecution initiation shall not exceed one month from the date of issuance of the decision to resume.

Article 12. Resolution of cases involving the jurisdiction of multiple units responsible for handling reports of criminal offenses, accusations, and requests for prosecution initiation

1. For reports of criminal offenses, accusations, and requests for prosecution initiation within the jurisdiction of the Investigation Agency but containing contents related to multiple functional units under the Investigation Agency, the Head of the Investigation Agency may decide to separate the reports, accusations, and requests for prosecution initiation for assignment. The assignment document must be sent to the competent People's Procuracy.

2. When an agency tasked with conducting some investigative activities receives a report of a criminal offense that falls within its investigative jurisdiction as well as offenses outside its jurisdiction, it must transfer all received content to the competent Investigation Agency.

3. In cases where reports of criminal offenses, accusations, and requests for prosecution initiation with the same content are submitted to multiple agencies with concurrent jurisdiction, they shall be handled as follows:

a) Where the Investigation Agency and the agency tasked with conducting some investigative activities have concurrent jurisdiction, the Investigation Agency shall be responsible for handling.

b) Where the superior Investigation Agency and the subordinate Investigation Agency have concurrent jurisdiction, the Head of the superior Investigation Agency shall decide; where the superior agency tasked with conducting some investigative activities and the subordinate agency tasked with conducting some investigative activities have concurrent jurisdiction, the Chief of the superior agency tasked with conducting some investigative activities shall decide.

4. In necessary cases, the agency handling and resolving reports of criminal offenses, accusations, and requests for prosecution initiation may request other competent agencies to conduct some verification and resolution activities. The request document must clearly state the requirements and be sent to the competent agency and the same-level People's Procuracy.

The receiving agency must fully implement the requested tasks in the document from the agency making the request and bear responsibility under the law for the results. If it is unable to fulfill the request, it must send a document explaining the reasons to the requesting agency.

The same-level People's Procuracy with the agency receiving the request has the responsibility to exercise public prosecution and supervise the verification and resolution activities of the receiving agency and must immediately transfer the results to the same-level People's Procuracy with the agency handling and resolving reports of criminal offenses, accusations, and requests for prosecution initiation.

5. In cases of disputes over the jurisdiction for handling reports of criminal offenses, accusations, and requests for prosecution initiation, the provisions of Article 150 of the Criminal Procedure Code 2015 shall apply.

Article 13. Responsibilities of Investigative Agencies and Agencies Assigned to Conduct Certain Investigation Activities in Implementing Requests and Decisions of the Prosecution Regarding the Acceptance and Handling of Criminal Informations and Initiatives for Criminal Proceedings

1. Investigative agencies and agencies assigned to conduct certain investigation activities must implement requests and decisions of the prosecution regarding the acceptance and handling of criminal informations and initiatives for criminal proceedings.

2. When the prosecution requires the agency currently handling and resolving criminal informations and initiatives for criminal proceedings to transfer relevant files so that the prosecution can directly handle and resolve them, the agency currently handling and resolving must transfer the relevant files to the prosecution within five days from the date the prosecution makes the request.

In case the agency currently handling and resolving criminal informations and initiatives for criminal proceedings does not agree with the prosecution's request, it still must comply but has the right to make a proposal to the higher-level prosecution. Within ten days from the date of receiving the proposal from the agency currently handling and resolving criminal informations and initiatives for criminal proceedings, the higher-level prosecution must examine and resolve the matter and notify the result to the agency that made the proposal.

Article 14. Notification of Results of Acceptance and Resolution of Criminal Informations and Initiatives for Criminal Proceedings

1. Within three working days from the date of accepting criminal informations and initiatives for criminal proceedings, the authorized agency accepting must notify in writing the result of acceptance to the same-level prosecution or the authorized prosecution, and the organization, entity, or individual who provided the criminal information or initiative for criminal proceedings.

2. Upon completion of the resolution of criminal informations and initiatives for criminal proceedings, the authorized agency resolving criminal informations and initiatives for criminal proceedings must send the resolution results to the prosecution that exercised public prosecution and supervised the resolution of criminal informations and initiatives for criminal proceedings as stipulated in Articles 148, 154, and 158 of the 2015 Criminal Procedure Code.

3. Within three days from the date of completing the resolution of criminal informations and initiatives for criminal proceedings, the authorized agencies resolving criminal informations and initiatives for criminal proceedings have the responsibility to notify the individual, organization, or entity that provided the criminal information or initiative for criminal proceedings about the resolution results.

4. Within three days from the date of issuing a decision to resume the resolution of criminal informations and initiatives for criminal proceedings, the authorized agency resolving must send the decision to resume to the same-level prosecution or the authorized prosecution and the organization, entity, or individual who provided the criminal information or initiative for criminal proceedings.

Article 15. Resolution of Requests and Proposals of Individuals Providing Criminal Informations, Individuals Being Accused, and Victims

1. When individuals providing criminal informations, individuals being accused, and victims have requests or proposals related to the resolution of criminal informations and initiatives for criminal proceedings, the investigative agencies and prosecution within their scope of responsibility must resolve those requests or proposals and inform them of the results. If the requests or proposals are not accepted, the investigative agencies or prosecution must respond in writing and provide clear reasons.

2. In case they disagree with the resolution results of the investigative agencies or prosecution, participants in the litigation have the right to appeal. The procedures for appeals and their resolution are carried out according to Chapter XXXIII of the 2015 Criminal Procedure Code.

Article 16. Transfer of case files for administrative violations for punishment

1. For cases of reporting crimes, accusations, and recommendations for prosecution handled and resolved by competent authorities, but subsequently decided not to initiate criminal proceedings, if there are signs of administrative violations, then within three days from the date of the Decision not to initiate criminal proceedings, the authority issuing the decision must make copies of the file for retention and transfer the case file, documents (originals), evidence, and means of the violation (if any) and propose administrative punishment to the authority with the power to impose administrative penalties.

2. Administrative punishment shall be based on the case file of the violation transferred by the authority that has resolved the reporting of crimes, accusations, and recommendations for prosecution. In necessary cases, the authority with the power to impose punishment may conduct additional investigations into circumstances to serve as grounds for issuing a decision on administrative punishment.

Chapter III

IMPLEMENTING PROVISIONS

Article 17. Effective Date

This Circular takes effect from March 1, 2018.

This Circular replaces Circular Jointly Issued No. 06/2013/TTLT-BCA-BQP-BTC-BNNPTNT-VKSNDTC dated August 2, 2013, jointly issued by the Minister of Public Security, the Minister of National Defense, the Minister of Finance, the Minister of Agriculture and Rural Development, and the Procurator General of the Supreme People's Procuracy guiding the implementation of provisions of the Criminal Procedure Code of 2003 regarding the acceptance and handling of reports of crimes, accusations, and recommendations for prosecution.

Article 18. Responsibility for Implementation

Relevant agencies and units under the Ministry of Public Security, the Ministry of National Defense, the Ministry of Finance, the Ministry of Agriculture and Rural Development, and the Supreme People's Procuracy are responsible for implementing and organizing the guidance provided in this Circular Jointly Issued.

During the implementation of this Circular Jointly Issued, if there are difficulties, relevant agencies and units should report to the Ministry of Public Security, the Ministry of National Defense, the Ministry of Finance, the Ministry of Agriculture and Rural Development, and the Supreme People's Procuracy for timely guidance.